Apr 20, 2013 2:00am PDT
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
Apr 20, 2013 3:00am PDT
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
Apr 22, 2013 3:00pm PDT
his miranda rights, read miranda rights just getting that as you were wrapping up. adam housley live in boston. adam, thank you. investigators are furiously trying to track down the terrorism connection to this case. and they are focusing on a trip, the older brother made last year. chief intelligence correspondent catherine herridge is here tonight with an update on that. good evening, catherine. >> thank you, bret. some of the most compelling evidence and preliminary evidence comes from surveillance video and one eyewitness during that carjacking thursday night before a shootout with police one of the brothers said, quote: did you hear about the boston explosion? i did that. court records filed monday show the tsarnaev brothers walked into boylston street together 11 minutes before the explosions, each with a backpack. they split up. one heading for the finish line and the other toward the forum restaurant, the site of the second explosion. 30 seconds before the first blast. the started fidgeting with cell phone after the blast almost everyone turned around, quote: apparent bewil
Apr 19, 2013 10:00pm PDT
incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be declared an enemy combatant. now senator lindsay graham says he should be declared an enemy combatant so a thorough interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think it's hard to judge from a distance, without greater information. so, no, i wouldn't be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing him to judge.